1-1 AN ACT
1-2 relating to the transfer of certain underused real property owned
1-3 or controlled by the state to political subdivisions for use as
1-4 affordable and accessible housing.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 31.156, Natural Resources Code, is amended
1-7 to read as follows:
1-8 Sec. 31.156. PROPERTY REVIEW. (a) The division shall review
1-9 the real property inventory of each state agency not less than
1-10 every four years, and a review shall be made during the calendar
1-11 year before the agency is scheduled for abolition under the Texas
1-12 Sunset Act (Chapter 325, Government Code). The division may verify
1-13 the accuracy of inventory records provided by an agency.
1-14 (b) The division shall identify [the] real property owned or
1-15 controlled by the state that is not being used or is being
1-16 substantially underused.
1-17 (c) The division shall provide a list and an appraisal of
1-18 properties described by Subsection (b) to the Texas Department of
1-19 Housing and Community Affairs. Not later than the 60th day after
1-20 the date of receipt of the list and appraisal, the department shall
1-21 make recommendations to the division regarding the suitability of
1-22 those properties for affordable and accessible housing.
1-23 (d) For each property identified as not being used or as
1-24 being substantially underused under Subsection (b), the division
2-1 shall [and] make recommendations to the commissioner regarding the
2-2 use of the property or regarding a real estate transaction
2-3 involving the property.
2-4 (e) If the Texas Department of Housing and Community Affairs
2-5 designates a property as suitable for affordable and accessible
2-6 housing, the division's recommendations must include a
2-7 recommendation that title to the property be transferred to an
2-8 appropriate political subdivision for use as affordable and
2-9 accessible housing.
2-10 (f) The division's recommendations must [shall] include an
2-11 analysis of the highest and best use to which the property may
2-12 legally be placed. It shall include recommendations for
2-13 alternative uses of the property addressing potential for
2-14 commercial or agricultural lease of the property or any other real
2-15 estate transaction or use that the division may deem to be in the
2-16 best interest of the state. The division shall solicit proposals
2-17 and shall accept any unsolicited proposals about real estate
2-18 transactions involving the property that would be of significant
2-19 benefit to the state.
2-20 (g) [(c)] The division shall, on completion of a review,
2-21 submit to the commissioner any information pertinent to the
2-22 evaluation of a real estate transaction involving the [(d)] In any year that the division will evaluate
3-2 property under the management and control of the adjutant general's
3-3 department or the Texas National Guard Armory Board, the division
3-4 shall notify the adjutant general's department before the division
3-5 begins the evaluation.
3-6 [(e) The division shall furnish an appraisal to the Texas
3-7 Department of Housing and Community Affairs of properties that have
3-8 been identified as unused or substantially underused.]
3-9 SECTION 2. Sections 31.157(b) and (c), Natural Resources
3-10 Code, are amended to read as follows:
3-11 (b) The draft report shall be submitted to the State
3-12 Purchasing and General Services Commission which shall further
3-13 evaluate the potential use of the property by another state agency
3-14 or department. The draft report shall also be submitted, at the
3-15 same time as it is furnished to the commission, to each agency that
3-16 owns or holds in trust property that is the subject of the draft
3-17 report[, and to the Texas Department of Housing and Community
3-18 Affairs]. The commission may comment on any findings or
3-19 recommendations made by the commissioner and may make additional
3-20 recommendations regarding the use of the property. The commission
3-21 shall complete the review of the draft report within 60 days of the
3-22 receipt of the report and forward the comments to the commissioner.
3-23 [The Texas Department of Housing and Community Affairs may comment
3-24 on any findings or recommendations made by the commissioner and may
3-25 make additional recommendations regarding the suitability of the
3-26 property for affordable housing.]
3-27 (c) The commissioner shall prepare and issue a final report
4-1 that:
4-2 (1) incorporates any [incorporating the]
4-3 recommendations of the division regarding the transfer of title to
4-4 the property to a political subdivision for use as affordable and
4-5 accessible housing; and
4-6 (2) incorporates any recommendations of the commission
4-7 regarding the use of the [by another state agency] and
4-8 addresses any [addressing all] comments received from the
4-9 commission.
4-10 SECTION 3. Section 31.158, Natural Resources Code, is amended
4-11 by adding Subsections (d) and (e) to read as follows:
4-12 (d) If the legislature authorizes the transfer of title to
4-13 real property to a political subdivision for use as affordable and
4-14 accessible housing, the division shall take possession and control
4-15 of the property and shall conduct the transaction as provided by
4-16 the policy adopted under Subsection (e).
4-17 (e) The division shall adopt a policy regarding the method
4-18 of transferring title to real property designated as suitable for
4-19 affordable and accessible housing to a political subdivision for
4-20 use as affordable and accessible housing. The policy must include
4-21 monitoring and enforcement provisions to ensure that the property
4-22 is used for affordable and accessible housing.
4-23 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3623 was passed by the House on May
9, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3623 was passed by the Senate on May
21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor